- 27 - and a section 401(k) plan. These are benefits that are typically provided to employees rather than independent contracts. See Weber v. Commissioner, 103 T.C. at 393-394. Although petitioner did not participate in TIG’s health insurance plan because he was covered by his girlfriend’s health insurance, and did not participate in TIG’s section 401(k) plan, the benefits were available to him if needed. See id. Accordingly, this factor tends to weigh in favor of employee status. 9. Conclusion The relationship between petitioner and TIG had aspects that were characteristic of an employer and employee relationship and others characteristic of a principal and independent contractor relationship. After weighing the above factors, the Court concludes that petitioner was a common law employee of TIG for the 2000 taxable year. Petitioner was a common law employee of Daou Systems during his employment from August 1995 to March 1997. As a result, the settlement he received from Daou Systems in 2000 is related to his common law employment. Petitioner claims to have conducted a computer assembly and consulting business, Computer Consulting Forum Company, in 2000. As discussed infra, petitioner’s lack of gross sales, as well as lack of substantiation, leads the Court to conclude otherwise.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: November 10, 2007